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RES 15-33CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2015-33 RESOLUTION APPROVING DEVELOPERS AGREEMENT- RIVERBEND SOUTH WHEREAS, Darkenwald's Riverbend Company II LLP Corporation, Inc. is seeking approval of a Plat known as RIVERBEND SOUTH, and WHEREAS, the approved Plat requires construction of some public improvements and payment of City costs and fees as well as placing certain restrictions on the development; and WHEREAS, those obligations are contained and memorialized in the attached Developers Agreement; and WHEREAS, the Developers Agreement also sets forth the security required to assure satisfactory construction of public improvements and establishes the various remedies available to the City in the event that Developer breaches the terms and conditions of the Agreement. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego, Wright County, Minnesota as follows; The attached Developers Agreement between the City of Otsego and Darkenwald's Riverbend Company II LLP, Inc. is hereby approved, subject to Staff approved changes. 2. The Mayor and City Clerk are hereby authorized to execute the Developers Agreement on behalf of the City of Otsego. ADOPTED this 22nd day of June, 2015 by the City Council of Otsego. MOTION TO ADOPT the Resolution by Council Member Heidner and seconded by Council Member Warehime IN FAVOR: Stockamp, Heidner, Warehime OPPOSED: None CITY OF OTSEGO Je ica Stockamp, Mayor �7 OUIVu�- • ��� Tami Loff, City Clerk 2 DEVELOPMENT AGREEMENT RIVERBEND SOUTH THIS AGREEMENT, entered into this day of October, 2015 by and between the CITY OF OTSEGO, a Minnesota municipal corporation ("CITY") and Darkenwald's Riverbend Company II LLP, a limited liability partnership under the laws of the State of Minnesota ("DEVELOPER") RECITALS WHEREAS, DEVELOPER has proposed a Plat to be known as RIVERBEND SOUTH; and WHEREAS, DEVELOPER is the fee owner the parcel of land described as RIVERBEND SOUTH which is approximately 17.9 acres and is legally described on Exhibit A; and WHEREAS, LOT 1, BLOCK 1 which is 5.88 acres of the development is proposed for development of a service station and convenience store, and other related improvements; and WHEREAS, the Final Plat and the new building are subject to a Conditional Use Permit (CUP) by Ordinance adopted by the City Council on May 26, 2015; and WHEREAS, the improvements with RIVERBEND SOUTH shall be constructed, maintained and operated in accordance with the CUP and the terms and conditions contained herein. NOW THEREFORE, in consideration of the promises and mutual promises hereinafter contained, it is agreed between the parties as follows: Development Plans. The Plat shall be developed in accordance with the plans the cover sheet of which is attached to this Agreement as Exhibit B dated August 27, 2015 and signed by the City Engineer on file and of record at CITY and herein fully incorporated herein by reference and the conditions stated below (hereinafter the "Development Plans"). If the Development Plans vary from the written terms of this Agreement, the Development Plans shall control. 2. Municipal Improvements. The Development Plans include certain Municipal Improvements as set forth on the attached Exhibit C. 3. Private Improvements. The DEVELOPER agrees that it shall cause to be constructed and installed certain private improvements ("Private Improvements") on the Subject Property. All Private Improvements are to be installed at DEVELOPER'S sole cost and expense pursuant to this Agreement. DEVELOPER shall construct such Private Improvements in accordance with all applicable building codes, ordinances and CITY standards and the Building Development Plans furnished to the CITY and approved by the City Engineer. The DEVELOPER shall obtain all necessary permits before construction of any building. CITY shall provide adequate field inspection personnel to assure acceptable quality control, which will allow certification of the construction work. Within thirty (30) days after the completion of any building and before any security is released, the DEVELOPER shall supply the CITY with a complete set of reproducible "as built" plans and two (2) complete sets of blue line "as built" plans prepared in accordance with CITY standards. 4. Grading, Landscaping and Drainage. The DEVELOPER shall be responsible for grading, landscaping and storm water management on the Plat as more fully set forth in this Agreement. 2 A. Landscaping. DEVELOPER shall maintain the sod and landscape of boulevard areas adjacent to streets as shown in the Development Plans through at least one growing season and to the satisfaction of CITY. The long term maintenance of sod and landscaping of boulevard areas shall be the responsibility of DEVELOPER or any Future Owner. Further, DEVELOPER shall be responsible for mowing, elimination of weeds and removal of any garbage or debris within the Plat. B. Erosion Control. The erosion control plan has been reviewed and approved by CITY and shall be implemented by DEVELOPER prior to grading. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after completion of work in that area. If DEVELOPER does not comply with the erosion control plan and schedule or any erosion control requirements, CITY may, with reasonable notice, take action as it deems appropriate in accordance with all applicable laws, ordinances or regulations or according to this Agreement. C. Grading Plan. Grading shall be in accordance with the approved Grading Plan as provided in the Development Plans. 5. Pre -Construction Activity. DEVELOPER shall schedule a pre - construction meeting with CITY to review the proposed schedule for grading and construction of the building and related improvements as set forth on the Development Plans, and to coordinate the schedule with the City Engineer. 6. Ownership of Improvements. Upon completion of the work and construction required by this Agreement, improvements lying within public easements on the Subject Property shall become CITY property without further notice or action. 7. Clean Up. DEVELOPER shall promptly clean any and all dirt and debris from streets resulting from construction work by DEVELOPER, its agents or assigns during the work and construction required by this Agreement. 8, Administrative Fee. A one -tune fee for CITY administration of the development is one (1%) percent of estimated construction costs or $5,436.00. 3 9. Park and Trail Dedication. Park and Trail dedication requirements for RIVERBEND SOUTH are as follows: 10.9 gross acres at $7,000.00 per gross acre minus a credit of $6,545.00 for construction of a ten (10) foot bituminous trail equals $69,755.00. 10. Storm Water Fees, and Storm Water Basin. No Storm Water Fees are applicable to the Final Plat. 11. Sewer Availability Charges. The Sewer Availability Charges for the Plat are as follows: 10.9 acres x 3.5 RECs per acre = 38.15 RECs at $2,265.00 per REC = $86,409.75. 12. Sewer Connection Fees. Sanitary sewer connection fees are paid at the time of issuance of a building permit. The sewer connection fees shall be determined at the time that building plans are submitted and reviewed by CITY. 13. Water Availability Charges. The Water Availability Charges for the Plat are as follows: 10.9 acres x 3.5 RECs per acre= 38.15 RECs $1,581.00 per REC = $60,315.15. 14. Water Connection Fees. Water connection fees are paid at the time of issuance of a building permit. The water connection charges shall be determined at the time that building plans are submitted and reviewed by CITY. 15. Street and Traffic Control Sign Fees. The fee amount for the Subject Property was calculated as follows: 17 signs at $250.00 per sign or $4,250.00. Using these funds, CITY shall purchase and install the street and traffic control signs. 16. CITY Engineering, Engineering Administration, Construction Observation, and Legal Fee Escrow and City Fees. DEVELOPER shall pay into escrow for the CITY'S engineering, engineering administration and construction observation services of Municipal Improvements as set forth on Exhibit C, following execution of this agreement, in the estimated amount set forth below. City engineering administration will include consultation with DEVELOPER and its engineer on status or problems regarding the Project, monitoring during the warranty period, general administration and processing of requests for reduction in security. Fees for this service shall be the actual amount billed for those service estimated to be three percent (3%) of the estimated construction cost of the improvements to be inspected, 0 assuming normal construction and project scheduling. DEVELOPER shall pay for construction observation performed by the City Engineer. Construction observation shall include part or full time observation, as determined by the City Engineer, of the Municipal Improvements and will be billed at hourly rates actually required for said inspection estimated to be five percent (5%) of the estimated construction cost of the improvements to be inspected. In the event of prolonged construction or unusual problems, CITY will notify DEVELOPER of anticipated cost overruns for engineering administration and observation services. The Escrow and Fee account shall include estimated escrow for City Engineering, Engineering Administration and Construction Observation limited to the Municipal Improvements expenses and Legal expenses, and fees for City Administrative, Street and Traffic Control Signs, Water and Sewer Availability Charges as follows: ESCROW City Construction Administration and Inspection Escrow $40,160.00 (estimated 8% of $502,000.00, actual billings to be paid) Legal Fees (actual billings to be paid) $5,436.00 FEES City Administration Fees (flat fee) $5,436.00 Street & traffic control sign Fees (17 at $250.00 per sign) $4,250.00 Sewer Availability Charge (38.15 RECs at $2,265 per REC) $86,409.75 Water Availability Charge (38.15 RECs at $1,581 per REC) $60,315.15 Street Lights (4 at $2,000 per light) $8,000.00 GIS Data Entry Fee (10.9 acres x $100 per acre) $1,090.00 Wetland Delineation Review (1 x $2,000.00) $2,000.00 TOTAL $282,851.90 These Escrow and Fee amounts shall be submitted to CITY prior to CITY executing this Agreement. Any Escrow amounts not utilized for legal and engineering charges incurred by the City under this Agreement shall be returned to DEVELOPER when all improvements have been completed, all financial obligations to CITY satisfied, and all required "as -built " plans have been received by CITY. Engineering, planning and legal fees incurred prior to the execution of this Agreement shall be deducted from escrow already submitted with the Plat application or charged against the escrow herein established. All other amounts listed as one-time fees are non-refundable and available immediately for CITY use when posted. Notwithstanding the foregoing, the Escrow and Fee amounts shall be adjusted based on the CITY's agreements with other Developers and the actual costs of the Municipal Improvements. The final Escrow and Fee amounts will be calculated based on the Final costs of the Municipal Improvements and fees to be absorbed by other Developers. 17. Security. To ensure compliance with the terms of this Agreement, and construction of all Municipal Improvements, DEVELOPER shall furnish CITY with a cash escrow or Irrevocable Standby Letter of Credit (at the election of the DEVELOPER) in the amount of $679,538.00, said amount calculated as follows: Site Grading, Erosion Control & Wetland Protection $9,000.00 Sanitary Sewer- Lateral & Trunk $62,000.00 Watermain- Lateral & Trunk $80,000.00 Storm Sewer- Lateral $115,000.00 Streets $245,000.00 Engineering & Surveying Construction Services $32,630.00 Landscaping $00.00 SUBTOTAL $543,630.00 TOTAL SECURITY ($543,630 x 125%) $679,538.00 10 The issuer and form of the security (other than cash escrow) shall be subject to CITY approval, which approval shall not be unreasonably withheld. The security shall be issued by a banking institution in good standing as determined by CITY and approved by the City Administrator. CITY shall have the ability to draw on the Security by overnight courier delivery to the bank or branch bank issuing the Letter of Credit. The security shall be for a term ending June 1, 2016 and shall contain an automatic renewal provision. CITY may draw down the security for any violation of the terms of this Agreement, or upon receiving notice of the pending expiration of the security. It shall be the responsibility of DEVELOPER to inform CITY at least thirty (3 0) days prior to expiration of the security of the impending expiration and the status of the Project relative to the security and this Agreement. If, for whatever reason, the security lapses prior to complete compliance with this Agreement (other than during any warranty period), DEVELOPER shall immediately provide CITY with either an extension of the security or an irrevocable letter of credit of the same amount upon notification of the expiration. If the required improvements are not completed at least thirty (30) days prior to the expiration of the security, CITY may also draw down the security. CITY may draw down the security for any violation of the terms of this Agreement (after any reasonable notice to DEVELOPER and cure periods). If the security is drawn down, the proceeds shall be used to cure any default. CITY will, upon making determination of final costs to cure any default, refund to the DEVELOPER any monies which CITY has in its possession which are in excess of the security needed. Upon receipt of proof satisfactory to CITY that work has been completed and financial obligations to CITY have been satisfied, the security will be reduced from time to time down to the amount of warranty security as set forth in paragraph 18 of this Agreement. The security shall not be reduced below ten percent (10%) of the posted security until all improvements have been completed, all financial obligations to CITY satisfied (which includes posting of warranty security), and required "as built" plans have been received by CITY. The intent of this Agreement that CITY shall have access to sufficient security, either security or warranty security, to complete the Project and insure'warranty on all public improvements. 7 The security amount shall be submitted to CITY prior to execution of the Agreement. Notwithstanding the foregoing, the security amounts shall be adjusted based on the CITY's agreements with other Developers and the actual costs of the Municipal Improvements. The final security amounts will be calculated based on the final costs of the Municipal Improvements and fees to be absorbed by other Developers. 18. Warranty. DEVELOPER warrants all work required to be performed by it against poor material and faulty workmanship for a period of one (1) year after its completion and acceptance by CITY. The amount of posted security for public improvements to be posted by DEVELOPER shall be in the amount of $67,140.00. The amount has been determined by the City Engineer and is based upon the costs of the raw materials and labor which would be necessary to correct the most common deficiencies in the public improvements. 19. Restrictions. The following restrictions apply to the Subject Property and all lots thereon shall be held, sold, and conveyed subject to the following conditions and restrictions, which are for the purpose of protecting the value and desirability of the Plat and insuring all conditions imposed by CITY in this Agreement are properly recorded against the Final Plat. Said conditions shall run with the real property and be binding upon all parties having a right, title or interest in the Subject Property or any part thereof, their heirs, executors, representatives, successors and assigns: A. DEVELOPER shall convey Outlots A and B to CITY. B. DEVELOPER shall provide pedestrian striping and pedestrian crossing controls for the traffic signal on CSAH 37 and internal streets. C. DEVELOPER shall comply with all Wright County requirements for access to CSAH 37. D. DEVELOPER shall re -stripe and re-sign the northbound approach to CSAR 37 from TH 101 to a left, through and right configuration and construct other improvements as per the MN/DOT recommended option in accordance with the City Engineer's memo dated October 6, 2015. 20. Responsibility for Costs. A. Except costs for Developer's Internal Improvements, DEVELOPER shall pay all costs incurred by it or CITY in conjunction with the development of the Plat and building, including, but not limited to legal, planning, engineering, and inspection expenses in connection with the development and said Building. B. DEVELOPER shall hold CITY and its officers, employees and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from DEVELOPER's acts or failures to act in connection with development of the Subject Property by DEVELOPER. DEVELOPER shall indemnify CITY and its officers, employees and agents for all costs, damages or expenses which CITY may pay or incur in consequence of such claims, including attorney's fees. C. DEVELOPER shall reimburse CITY for costs incurred in the enforcement of this Agreement, including engineering fees, planning fees, attorney's fees, and costs and disbursements. CITY shall reimburse DEVELOPER for costs incurred in the enforcement of this Agreement, including engineering fees, attorney's fees, and costs and disbursements. D. DEVELOPER shall pay in full all bills submitted to it by CITY for obligations incurred under this Agreement and agreed to be paid by DEVELOPER under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, and DEVELOPER does not reasonably dispute the payment of amount of such bill CITY may either reimburse itself from existing Escrow or Security or may halt all Building 3 development work and construction until all bills are paid in full. Bills not paid within thirty (3 0) days shall accrue interest at the rate of twelve percent (12%) per year. 21. Miscellaneous. A. Third parties shall have no recourse against CITY under this Agreement. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. W C. The action or inaction of CITY shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. CITY's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. D. This Agreement shall run with the land, shall be recorded against the title to the Subject Property, and shall be binding on all parties having any right, title or interests in the Subject Property or any part thereof, their heirs, successors and assigns. E. Each right, power or remedy herein conferred upon CITY or DEVELOPER is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to CITY or DEVELOPER, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by CITY or DEVELOPER and shall not be a waiver of the right to exercise at anytime thereafter any other right, power or remedy. F. DEVELOPER shall pay for all local costs related to drainage improvements required to complete the construction of the Plat according to the Development Plans. Local costs are costs related to required internal drainage improvements such as retention ponds. G. Should development of the Plat or building proceed at a pace slower than anticipated, and for that reason, specific terms of this Agreement become onerous or unduly burdensome to DEVELOPER, upon DEVELOPER's application, CITY will enter into negotiations regarding those specific terms and shall not unreasonably withhold consent to appropriate changes in the terms of this Agreement. H. DEVELOPER shall demonstrate and maintain compliance with the 1991 Wetland Conservation Act. DEVELOPER shall be responsible for all on site drainage for the Subject Property, as well as for any affects their actions may have on adjoining properties. 10 22. Violation of Agreement. If while the escrow or security provided in this Agreement is outstanding, a violation of any of the covenants or agreements herein contained occurs and such violation is not cured within thirty (30) days after written notice thereof from CITY to DEVELOPER, CITY may draw upon the DEVELOPER's escrow or security to cure any violation of the Agreement and to reimburse CITY for any costs incurred in curing the violation. 23. Maintain Public Property Damaged or Cluttered During Construction. DEVELOPER agrees to assume full financial responsibility for any damage which may occur to public property including, but not limited to , street, street sub -base, base, bituminous surface, curb, utility system including, but not limited to, watermain, sanitary sewer or storm sewer when said damage occurs as a result of construction activity which takes place during development of the Subject Property by DEVELOPER or its contractors, except for damage caused by CITY, its employees, agents or contractors. DEVELOPER further agrees to pay all costs required to repair the streets and/or utility systems damaged or cluttered with debris when occurring as a direct or indirect result of the Developer's construction that takes place on the Subject Property. In the event that DEVELOPER is required to maintain or repair such damage and fails to maintain or repair the damaged public property referred to aforesaid within thirty (3 0) days after written notice from CITY or such longer period as may reasonably necessary or in the event of an emergency as shorter time period as determined by CITY, CITY may, upon notifying DEVELOPER undertake making or causing it to be repaired or maintained. When CITY undertakes such repair, DEVELOPER shall reimburse CITY for all its reasonable expenses within thirty (30) of its billing to DEVELOPER. If DEVELOPER fails to pay said bill within thirty (30) days, the security shall be responsible for reimbursing CITY. 24. Non -Assignment Without Consent. The obligations of DEVELOPER under this Agreement may be assigned by DEVELOPER if the assignment is approved by CITY. However, DEVELOPER shall not be released from its obligations under this Agreement without the express written consent of the City Council through Council resolution. 25. Subordination. This Agreement must be recorded against the Subject Property and all other liens, interests or mortgages shall be subordinate to the terms and conditions this Agreement and said Agreement shall not be subject to foreclosure by any other lien, interest or mortgage. 11 26. Notices. Required notices to DEVELOPER shall either hand delivered to DEVELOPER, it employees or agents, or mailed to DEVELOPER by registered mail or sent by overnight delivery at the following address: Casey Darkenwald, Darkenwald Corporation, 7535 River Road NE, Otsego, MN 55330. Notice to CITY shall be in writing and shall be either hand delivered to the City Clerk or Deputy City Clerk or mailed by registered mail or sent by overnight delivery at the following address: City of Otsego, City Hall, 13400 90th Street NE, Otsego, MN 55330, Attention: City Clerk. 27. Agreement Effect. This Agreement shall be binding and extend to the respective representatives, heirs, successors and assigns of the parties hereto. 28. Amendment. This Agreement shall be amended only by addendum executed by both parties to this Agreement. 12 IN WITNESS WHEREOF, DEVELOPER and CITY have executed this Agreement as of the day and year above first written. CITY OF OTSEGO, A municipal corporation Jessica Stockamp, Mayor Tami Loff, City Cleric DARKENWALD'S RIVERBEND COMPANY II LLP A Minnesota limited liability partnership Its:'e eral Partner 13 STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) On this day of October, 2015 before me personally appeared Jessica Stockamp and Tami Loff to me known as the persons described in the foregoing instrument and who did say they are, respectively, the Mayor and City Clerk of the municipal corporation named therein and that said instrument was signed on behalf of said municipal corporation by authority of its City Council and said Jessica Stockamp and Tami Loff acknowledged said instrument to be the free act and deed of said municipal corporation. NOTARY PUBLIC STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) On this day of October, 2015, before me personally appeared to me known as the person described in the foregoing instrument and who did say he is the General Partner of Darkenwald's Riverbend Company II LLP that said instrument was signed on behalf of the Darkenwald's Riverbed Company II LLP with authority and on behalf of the partnership and said t acknowledged said instrument to be the free act and deed of said entity. LARRY MOUNTAIN NOTARY PUBLIC - MINNESOTA NOTARY PUBLIC My Commission Expires '�"!is;.� January 31, 2020 r � DRAFTED BY: MACARTHUR LAW OFFICE 3601 Thurston Avenue North Suite 103 Anoka, MN 55303 763-231-5850 14 EXHIBIT A LEGAL DESCRIPTION OF THE SUBJECT PROPERTY 15 EXHIBIT B DEVELOPMENT PLANS FOR THE SUBJECT PROPERTY Development Plans for RIVERBEND SOUTH by Loucks Associates dated August 27, 2015 and approved by CITY on September 3, 2015, cover sheet attached. 16 EXHIBIT C- MUNICIPAL IMPROVEMENTS Streets, Sanitary Sewer- Lateral and Trunk, Watermain- Lateral and Trunk Storm Sewer- Lateral, Trail. 17 EXHIBIT A That part of the Southeast Quarter of the Southwest Quarter of Section 26, Township 121, Range 23, Wright County, Minnesota described as follows: Beginning at a point on the South line of said Southeast Quarter of the Southwest Quarter distant 657.05 feet East of the Southwest corner of said Southeast Quarter of the Southwest Quarter; thence West along the South line thereof a distance of 117.4 feet; thence North at a right angle a distance of 50.0 feet to the Northerly right-of-way line of Minnesota State Highway Number 101; thence West parallel with the South line of said Southeast Quarter of the Southwest Quarter along said right-of-way line a distance of 197.70 feet; thence Northwesterly along said right-of-way line a distance of 140.90 feet to a point 150.00 feet Northerly as measured along a line parallel with and distant 100.00 feet East of the centerline of said highway from the South line of said Southeast Quarter of the Southwest Quarter; thence Northerly along said right-of-way line a distance of 548.00 feet; thence East a distance of 427.8 feet to a point bearing North 0 degrees 34 minutes 15 seconds East and distant 705.0 feet from the point of beginning; thence South 0 degrees 34 minutes 15 seconds West a distance of 705.0 feet to the point of beginning. Subject to the right-of-way of Wright County Highway Number 122 over the South 33 feet of the West 117.40 feet thereof. For the purpose of this description the South line of the said Southeast Quarter of the Southwest Quarter is assumed to bear East to West. EXCEPT THE FOLLOWING: The North 75.00 feet of the West 50.00 feet of the following described tract: That part of the Southeast Quarter of the Southwest Quarter of Section 26, Township 121, Range 23, described as follows: Beginning at a point on the South line of said Southeast Quarter of the Southwest Quarter, 657.05 feet East of the Southwest corner of said Southeast Quarter of Southeast Quarter; thence West along the South line thereof, 117.4 feet; thence North at a right angle, 50.0 feet to the Northerly right-of-way line of Minnesota State Highway No. 101; thence West parallel with the South line of said Southeast Quarter of the Southwest Quarter along said right-of-way line, 197.70 feet; thence Northwesterly along said right-of-way line, 140.90 feet to a point 150.0 feet Northerly as measured along a line parallel with and distant 100.00 feet East of the centerline of said highway from the South line of said Southeast Quarter of Southwest Quarter; thence Northerly along said right-of-way line, 548.00 feet; thence East 427.8 feet to a point bearing North 0 degrees 34 minutes 15 seconds East and distant 705.0 feet from the point of beginning; thence South 00 degrees 34 minutes 15 seconds West, 705.0 feet to the point of beginning. Subject to the right-of-way of Wright County Highway No. 122 over the South 33 feet of the East 117.40 feet thereof. For the purpose of this description the South line of the said Southeast Quarter of the Southwest Quarter is assumed to bear East to West. AND ALSO EXCEPT Parcel 311A per Minnesota Department of Transportation Right of Way Plat No. 86-110 AND ALSO EXCEPT Parcel 211A and Parcel 211 F per Document No. 690271 - District Court Condemnation AND That part of the Southeast Quarter of the Southwest Quarter of Section 26, Township 121 North, Range 23, Wright County Minnesota described as follows: Beginning at a point on the South line of said Southeast Quarter of the Southwest Quarter distant 857.05 feet East of the Southwest corner thereof; thence North 0 degrees 34 minutes 15 seconds East, a distance of 217.80 feet; thence East a distance of 200.00 feet; thence South 0 degrees 34 minutes 15 seconds West, a distance of 217.80 feet to the South line of said Southeast Quarter of the Southwest Quarter; thence West along said South line a distance of 200.00 feet to the point of beginning. For the purpose of this description the South line of the said Southeast Quarter of the Southwest Quarter is assumed to bear East to West. EXCEPT That part of the Southeast Quarter of the Southwest Quarter of Section 26, Township 121 North, Range 23, shown as Parcel 211 D on Minnesota Department of Transportation Right of Way Plat Numbered 86-27 as the same is on file and of record in the office of the County Recorder in and for Wright County, Minnesota. AND ALSO EXCEPT Parcel 311 D per Minnesota Department of Transportation Right of Way Plat No. 86-110 AND That part of Tract A described below: Tract A: That part of the Southeast Quarter of the Southwest Quarter of Section 26, Township 121 North, Range 23, Wright County, Minnesota, described as follows: Beginning at a point on the South line of said Southeast Quarter of the Southwest Quarter, distant 657.05 feet East of the Southwest corner thereof; thence North 00 degrees 34 minutes 15 seconds East for 217.80 feet; thence East for 200.00 feet; thence South 00 degrees 34 minutes 15 seconds West for 217.80 feet to the South line of said Southeast Quarter of the Southwest Quarter; thence West along said South line for 200.00 feet to the point of beginning, excepting therefrom Parcel 211C as shown on Minnesota Department of Transportation Right of Way Plat No. 86-27 as the same is on file and of record in the office of the County Recorder in and for said county. For the purpose of this description the South line of the said Southeast Quarter of the Southwest Quarter is assumed to bear East to West. Which lies Northerly of Line 1 described below: Line 1: Commencing at Right of Way Boundary Corner B43 as shown on Minnesota Department of Transportation Right of Way Plat No. 86-110 as the same is on file and of record in the office of said County Recorder; thence Northeasterly on an azimuth of 42 degrees 06 minutes 30 seconds along the boundary of said plat for 139.83 feet to Right of Way Boundary Corner B44; thence on an azimuth of 89 degrees 59 minutes 54 seconds along the boundary of said plat for 115.00 feet, more or less, to the Northwest corner of Tract A hereinbefore described; thence on an azimuth of 180 degrees 34 minutes 08 seconds along Westerly line of said Tract A for 102.79 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 89 degrees 2 59 minutes 54 seconds for 200.00 feet, more or less, to the Easterly line of said Tract A and there terminating. AND That part of the SE 1/4 of the SW 1/4, Section 26, Township 121, Range 23, Wright County, Minnesota, described as follows: Commencing at the South Quarter corner of said Section 26; thence North 01 degrees 16 minutes 38 seconds East, assumed bearing, along the East line of the SE 1/4 of the SW 1/4, a distance of 762.99 feet to the point of beginning; thence North 89 degrees 28 minutes 44 seconds West, a distance of 265.91 feet; thence South 64 degrees 11 minutes 44 seconds West, a distance of 377.92 feet; thence North 89 degrees 44 minutes 49 seconds West, a distance of 54.93 feet to the intersection with a line hereinafter referred to as "Line A"; thence Southerly, along the said "Line A", a distance of 383.25 feet to a point distant 217.80 feet Northerly from the point of beginning of said "Line A"; thence Easterly, parallel with the South line of said Southeast Quarter of the Southwest Quarter, a distance of 400.00 feet to the intersection with a line hereinafter referred to as "Line B"; thence Northerly, along said "Line B", a distance of 109.17 feet to an angle point in said "Line B"; thence Easterly, along said "Line B", a distance of 254.17 feet to said East line of the SE 1/4 of the SW 1/4; thence North 01 degrees 16 minutes 38 seconds East along said East line of the SE 1/4 of the SW 1/4, a distance of 438.14 feet to the point of beginning. "Line A" is described as commencing at the Southwest corner of the said Southeast Quarter of the Southwest Quarter; thence East along the South line thereof a distance of 657.05 feet to the actual point of beginning of "Line A" to be described; thence North deflecting 89 degrees 25 minutes 45 seconds left, a distance of 705.00 feet and said "Line A" there terminating. "Line B" is described as commencing at the Southwest corner of the said Southeast Quarter of the Southwest Quarter; thence East along the South line thereof a distance of 1057.05 feet to the actual point of beginning of "Line B" to be described; thence North deflecting 89 degrees 25 minutes 45 seconds left, a distance of 326.97 feet; thence East deflecting 89 degrees 56 minutes 27 seconds right, a distance of 669.05 feet to a line drawn North at a right angle to the South line of the Southwest Quarter of the Southeast Quarter of said Section 26 from a point distant 418.00 feet East of the Southwest corner of said Southwest Quarter of the Southeast Quarter and said "Line B" there terminating. AND That part of the Southeast Quarter of the Southwest Quarter, and that part of the Southwest Quarter of the Southeast Quarter all in Section 26, Township 121, Range 23, Wright County, Minnesota, described as follows: Commencing at the Southwest corner of the said Southeast Quarter of the Southwest Quarter; thence East along the South line thereof a distance of 1057.05 feet to the actual point of beginning; thence North deflecting 89 degrees 25 minutes 45 seconds left, a distance of 326.97 feet; thence East deflecting 89 degrees 56 minutes 27 seconds right, a distance of 669.05 feet to a line drawn North at a right angle to the South line of said Southwest Quarter of the Southeast Quarter from a point distant 418.00 feet East of the Southwest corner of said Southwest Quarter of the Southeast Quarter; thence South along the said line a distance of 326.97 feet to the South line of said Southwest Quarter of the 3 Southeast Quarter; thence West along the said South line a distance of 418.00 feet to the Southwest corner of said Southwest Quarter of the Southeast Quarter; thence West along the South line of the said Southeast Quarter of the Southwest Quarter a distance of 249.88 feet to the point of beginning. Subject to Wright County Highway Number 122 over the South 33.00 feet thereof. EXCEPT Parcel 311 E per Minnesota Department of Transportation Right of Way Plat No. 86-110. AND ALSO EXCEPT Parcel 211 E per Minnesota Department of Transportation Right of Way Plat No. 86-27 AND That part of The Southeast Quarter of the Southwest Quarter of Section 26, Township 121 North, Range 23, shown on Parcel 311A on Minnesota Department of Transportation Right of Way Plat Numbered 86-110 as the same is on file and of record in the office of the County Recorder in and for Wright County, Minnesota; which lies Northwesterly of the following described line; Commencing at Right of Way boundary Corner B43 as shown on said Plat No. 86-110; thence Northeasterly on an azimuth of 42 degrees 08 minutes 30 seconds along the boundary of said plat for 139.63 feet to Right of Way Boundary Corner B44 and the point of beginning of the line to be described; thence on an azimuth of 180 degrees 34 minutes 09 seconds for 104.80 feet; thence on an azimuth of 270 degrees 44 minutes 34 seconds to said Right of Way Boundary Corner B43 and there terminating. rd